HomeMy WebLinkAbout1995-04-18; City Council; Minutes3 0 0
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 18, 1995
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis.
Absent: None.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Mayor Pro Tern Nygaard.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tern Nygaard, Council approved the Minutes of the following meetings
as presented:
Minutes of the Special Meeting held March 28, 1995.
Minutes of the Regular Meeting held March 28, 1995.
Minutes of the Special Meeting held March 29, 1995.
Minutes of the Special Meeting held March 30, 1995.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ABSTAIN: Kulchin (Minutes of Special and Regular Meetings of March 28, 1995.)
PRESENTATIONS:
Karen Gleason Huss of the Sister City Committee introduced the seven student ambassadors who
will be visiting the Sister Cities in Japan and Czechoslovakia.
Mayor Lewis presented a plaque and Proclamation honoring Larry Nichols on his retirement from
the City’s Parks & Recreation Department.
Mayor Lewis presented a Proclamation to Caroline West for TEACHING TOXICS MONTH.
CONSENT CALENDAR:
Item #8 was removed from the Consent Calendar.
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April 18, 1995 CITY COUNCIL Page 2
CONSENT CALENDAR: (Continued)
Council Member Hall stated he would abstain on Item #9, due to a possible conflict of interest.
ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the
action of the Consent Calendar, Items #1 through #9, with the
exception of Item #8, as follows:
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ABSTAIN: Hall (On Item #9 only)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
113 1. AB #13,107 - APPROVAL OF AGREEMENTS FOR PREPARATION OF EIR FOR CARLSBAD
45 RANCH SPECIFIC PLAN AMENDMENT - EIR 94-1.
Council adopted RESOLUTION NO. 95-98, approving an agreement with
Cotton/Beland/Associates, Inc., to prepare an EIR for the Carlsbad Ranch Specific Plan
Amendment and approving an agreement with Carltas Company to provide funding for the EIR.
97 2. AB #13,108 - ACCEPTANCE OF 1993-94 PAVEMENT OVERLAY PROGRAM - CONTRACT NO. U/M 45 - 94-3.
Council approved Change Order No. 1, accepted the improvements, authorized the City Clerk to
record the Notice of Completion, and authorized the release of retention funds and bonds in
accordance with State law and City ordinances for the 1993-94 Pavement Overlay Program,
Contract U/M 94-3.
97 3. AB #13,109 -ACCEPTANCE OF IMPROVEMENTS FOR WIDENING OF PALOMAR AIRPORT ROAD 45 AND EL CAMINO REAL - CONTRACT NO. 3166.
Council adopted RESOLUTION NO. 95-99, accepting the construction of Palomar Airport Road
and El Camino Real, Project No. 3166, as substantially complete and directed the City Clerk to
record the Notice of Completion and release bonds in accordance with State law and City
ordinances.
84 4. AB #13,110 - APPROVAL OF AGREEMENT EXTENSION AND RATE INCREASE FOR STREFT 45 SWEEPING SERVICES.
Council adopted RESOLUTION NO. 95-100, approving an extension and amendment to the
agreement for street sweeping service for an additional year through November 30,1995, with new
curb mile and hourly rates, authorizing staff to reimburse R. F. Dickson Company, Inc., for actual
solid waste tipping fee costs in excess of $28 per ton, and authorizing payment to the contractor
for all funds due upon execution of said extension and amendment of the agreement.
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CONSENT CALENDAR: (Continued)
5. AB #13,111 - APPROVAL OF COST SHARING AGREEMENTS FOR D.A.R.E. PROGRAM.
Council adopted RESOLUTION NO. 95-103, approving cost sharing agreements with the Carlsbad
Unified School District and the Encinitas Union School District for the D.A.R.E. Program for fiscal
year 1994-95.
6. AB #13,073 -APPROVAL OF PREPAYMENT AGREEMENT FOR CONSTRUCTION OF ALGA ROAD
AND POINSETTIA LANE.
Council adopted RESOLUTION NO. 95-73, approving a Petition, Waiver, and Consent Agreement
with Bramalea California for the prepayment of Facility Impact Fees for construction of Alga Road
and Poinsettia Lane.
7. AB #13,112 - SETTLEMENT OF WORKERS COMPENSATION CLAIM OF LARRY WHATLEY.
Council adopted RESOLUTION NO. 95-101, approving the Stipulation with Request for Award
authorizing the payment of $1 5,503, at a rate of $1 48 per week, to Larry Whatley as settlement of
his workers compensation claim.
8. AB #13,113 - FAIR HOUSING ASSESSMENT FOR THE CITY OF CARLSBAD.
This item was removed from the Consent Calendar.
9. AB #13,118 - APPROPRIATION OF FUNDS FOR INSTALLATION OF STREET LIGHTS ON
GARFIELD STREET AND OLIVE AVENUE - PROJECT NO. 3464.
Council adopted RESOLUTION NO. 95-1 04, appropriating $1 6,000 from the General Fund for the
installation of three street lights on Garfield Street and one street light on Olive Avenue.
ABSTAIN: Council Member Hall
ITEM REMOVED FROM THE CONSENT CALENDAR:
8. AB #13,113 - FAIR HOUSING ASSESSMENT FOR THE CITY OF CARLSBAD.
Staff explained their revised recommendation as contained in their Memorandum dated April 17,
1995.
ACTION: On minute motion by Mayor Pro Tem Nygaard, Council accepted the results of
the 1994 City of Carlsbad Fair Housing Survey and the analysis, as completed by
the San Diego Association of Governments, and further instructed staff to continue
with the assessment of limitations to housing choice within the City and to
develop a fair housing program to address these identified limitations.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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ORDINANCE FOR ADOPTION:
114 IO. AB#13,114-PARKlNGSTANDARDSFORBIOlNDUSTRlALRESEARCHANDDEVELOPMENT - ZCA 94-5.
ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted ORDINANCE NO. NS-
307, amending Title 21 of the Carlsbad Municipal Code by amending Chapter
21.44 creating a parking standard for Bio Industrial Research and Development
land uses.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the following
events:
The Batiquitos Lagoon Community Open House, at the Carlsbad Public Safety Center, on Wednesday,
April 19, 1995, from 3:OO p.m. to 7:OO p.m.
The Adult Learning Program Potluck Dinner, at the Harding Community Center, on Saturday, April 22,
1995, at 6:OO p.m.
The San Diego Gas and Electric Northern Lights Program, at the California Center for the Arts, Escondido,
on Tuesday, April 25, 1995, at 1 :00 p.m.
PUBLIC COMMENT:
There were no requests to address the Council on a non-agenda item.
PUBLIC HEARING:
112 11. AB #13,115 - WEED ABATEMENT PUBLIC HEARING.
Mayor Lewis opened the duly noticed Public Hearing at 6:22 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 97, ordering the Fire Chief to abate nuisance by having weeds, rubbish and refuse removed.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 6:23 p.m., and re-convened at 7:16 p.m., with all five
Members present.
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April 18, 1995 CITY COUNCIL Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
37 12. AB #13,103 - FUNDING FOR JOIN HANDS - SAVE A LIFE AND THE CARLSBAD BOYS AND
GIRLS CLUB.
Carman Cedola, 7029 Ivy Street, spoke in favor of the proposal, and stated the funding for the
Boys and Girls Club has declined dramatically while they are serving more teenagers than ever.
He said this is an investment in the young people of our community and that investment will result
in a return for the next 50 to 70 years.
Frank Sorino, 3528 Madison Street, Join Hands - Save a Life, stated they have doubled the
number of children served each year for the last three years. They are now in the process of
buying land and two buildings have been donated to them to be placed on that land. They serve
the lowest income families in the City with a free service and Mr. Sorino stated this is a very
important service to give to these children. He requested approval.
Council Member Finnila stated she cannot approve this appropriation for these two groups as the
$24,000 comes out of the General Fund. The General Fund has been decreasing the last several
years, and at the same time, the amount given for CDBG has been increasing. The General Fund
has been used for in-house kinds of services needed for Council to function. Both of these groups
have received large amounts of funding and are well-deserving of this money. Mrs. Finnila stated
that she felt the process of using a Disbursement Committee has been fair and that committee
listened to all organizations that needed money and she does not feel these should receive special
consideration. She said these groups are not at a critical period in their development and the
money should not come out of the General Fund.
Mayor Pro Tem Nygaard stated that as a result of the last CAF funding, the Mayor has assigned
a committee of Council Member Finnila and Mrs. Nygaard to determine how to do that funding
in the future. She said that she wanted to make it clear that what Council was doing tonight was
using some additional money to help fund some needy programs that would not survive without
the City’s help. This year for the first time there were new rules for funding both the CDBG and
community funding, and because of that, some groups have found themselves short and will need
to drop some of their programs. Mrs. Nygaard stated that she was especially sympathetic to the
Teen Scene Program at the Boys and Girls Club and would not like to see it ended. She stated
she had no problem funding the items listed as an addition to our community funding.
Mayor Lewis stated he has received letters from other groups that were denied funding asking why
these two groups were special. He said these groups serve youngsters that need extra help and
that is why he can support the request.
Council Member Hall stated the Boys and Girls Club was down from the City funding almost
$18,000 and this would mean the ending of the Teen Scene Program.
Council Member Kulchin stated that 99 percent of these children are residents of Carlsbad and this
is helping our own children who reside in Carlsbad.
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April 18, 1995 CITY COUNCIL Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 95-96,
appropriating funds from the City Council Contingency Fund to support Join
Hands - Save a Life ($12,000) and the Carlsbad Boys and Girls Club ($12,000).
AYES: Lewis, Nygaard, Kulchin and Hall
NOES: Finnila
RECESS:
Mayor Lewis declared a recess at 7:28 p.m., and Council re-convened at 7:34 p.m., with all five Members
present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
70 13. AB #13,116 - REPORT ON STATUS OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT.
Betty Dehoney, Environmental Manager for the project, told of the resource agencies involved in
the project.
Rick Alexander, Environmental Monitoring Office, gave a report on the outreach program and
public involvement in the Enhancement Program.
Council Member Finnila requested a letter to the State Parks & Recreation Department respectfully
requesting they include the new beaches created by the Enhancement Program in their program
for providing lifeguard services.
Mr. Alexander reminded everyone of the Open House for the general public on Wednesday, April
19, from 2:OO p.m. until 7:OO p.m. at the Public Safety and Service Center.
Council received the status report and took no action.
78 14. AB #13,117 - APPROVAL OF POLICE VEHICULAR PURSUIT POLICY.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95-
102, approving a Police Vehicular Pursuit Policy, and repealing Resolution No. 92-
280.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
Council Member Kulchin left the dais at 8:03 p.m., due to a conflict of interest on Item #15.
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April 18, 1995 CITY COUNCIL Page 7
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
77 15. AB #13,119 - REQUEST BY A PROPERTY OWNER FOR DISMISSAL OF COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL TAXES.
W. Allan Kelly, 4912 Via Arequipa, stated he was asking Council to remove the CFD tax
assessment on their property. This property is the Del Cerro property and contains 246 acres.
and is gnatcatcher habitat. Mr. Kelly gave a history of the property from 1982, stating that during
that time they have been actively trying to sell the property. At the time the CFD was formed, the
property was controlled by Kaufman Broad. They wanted in the CFD and put the property into
the CFD. They gave back the property in 1990, and there was another potential buyer who left
the property in the CFD. The gnatcatcher became a problem in September of 1992, which has
eliminated the possibility of selling the property,
Marvin Sippel, 1287 Vera Cruz, Oceanside, stated his 94 year old father-in-law cannot pay the
taxes and selling the land is the only way to pay them. He said the property is undevelopable at
this time and as habitat will not require any public facilities. Mr. Sippel said that funding is a
problem for habitat land. He suggested that the City scale down their wish list of facilities to one
that is affordable. Another option is to wait and do nothing, and the Kelly family will lose the
property and the City will get the land through tax default.
Lucia Sippel, 1287 Vera Cruz, Oceanside, stated that the Mello Roos State law allowed an escape
clause that Carlsbad didmot include in its ordinance. The Mello Roos was joined because the
developer who had control at that time expected to build houses on the property. By 1993, the
developer was gone and the gnatcatcher changed everything. Mrs. Sippel stated there is an
ambiguity in the Appeals Process because it states that the purpose of the Appeals Board is to
provide a mechanism to hear appeals in cases of uncertainties or ambiguity in any special tax levy.
She stated that the Federal law has declared their property to be protected habitat and disallows
development. Mrs. Sippel stated the property no longer meets the criteria that only properties with
a developable land use are taxed. She said it is not only unfair but unnecessary to tax this
property as a bird habitat will have no impact on the system.
Mike Holzmiller, Planning Director, stated that the Habitat Management Plan is only a draft, and
not a legal document. He further explained that gnatcatcher habitat can not be disturbed, but that
is a Federal restriction. If the Habitat Management Plan is approved, and this property is
designated as part of the reserve, there will have to be a mechanism to compensate for the
property.
Jim Elliott, Financial Management Director, stated that to incorporate an escape clause into the
ordinance, the City would have to re-open the matter and have a re-vote in the Community
Facilities District.
ACTION: By consensus, Council continued this item to May 2, 1995, for additional
information including ideas on a hardship program and on where the money
would be coming from for that program.
COUNCIL REPORTS:
There were no Council Reports.
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April 18, 1995 CITY COUNCIL Page 8
ADJOURNMENT:
By proper motion, the Regular Meeting of April 18, 1995, was adjourned at 9:15 p.m.
Respectfully submitted,
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ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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